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Daley found guilty of second-degree murder in deaths of Barrie, Ont., father and son

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Barrie, Ont. -

CAUTION: Readers may find some details in this story to be distressing.

A Barrie, Ont., man standing trial for the deaths of a father and son more than four years ago has been found guilty of second-degree murder.

Dyrrin Daley, who has been behind bars since his arrest in 2017, had been charged with first-degree murder in the death of Nick Pasowisty and second-degree murder in the death of his father, James Pasowisty.

The nearly-month long double-murder trial recounted the events leading up to the pair's deaths on Feb. 8, 2017, with Daley claiming self-defence.

"Mr. Daley created a version of events in an effort to establish an air of reality to self-defence and justify what he had done," Justice Christie said in court Monday. "However, his version of events is simply not possible in many respects and defies common sense in other respects."

Police found the victims' bodies inside their William Street apartment in Barrie, in a pool of blood. Both men suffered multiple stab wounds.

Hours after the discovery, police arrested Daley at a nearby Marcus Street home.

Daley's mother testified that she mopped up drops of blood from the floor of her home before leaving for work the morning the bodies were found.

Vicky Daley told the court she dated James Pastowisty for about six months, claiming he was an alcoholic and racist who made his money selling marijuana.

During the trial, the Crown said Daley planned to steal marijuana from the Pasowistys when he went to their home in the Allandale area in the early morning hours on Feb. 8, but his plan went sideways, ending in murder.

"He was unrelenting in his attack," Crown attorney Kristin Smyth told the court in her closing submissions in June. Smyth called the events that transpired "truly heinous and hateful."

Daley maintained he only tried to protect himself with his pocket knife after the father and son allegedly tackled him.

The court heard the Pastowistys suffered 73 stab wounds between them.

Daley's defence lawyer, James Harbic, told the court the Crown's submissions amounted to nothing more than speculation and theories.

Harbic said the scene was compromised and that his client feared being thrown from the balcony and acted in self-defence.

While reading her verdict, Justice Christie said she found significant inconsistencies between Daley's testimony in court and statements he made to police following his arrest, calling his side of the story at times "absurd," "highly improbable," and "impossible."

A second-degree conviction carries a life sentence with no chance of parole for at least 10 years.

Daley is expected to be back in court for his sentencing on Nov. 3.

With files from CTV's Mike Arsalides

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